Potholes create many problems for scooter riders in Tulare. Most potholes are problematic enough to regular vehicles and motorcycles, which are much larger and have bigger wheels than scooters. But if a scooter encounters a road hazard like a pothole, it can lead to a damaged scooter and, in some cases, severe injuries.
If you’ve been hurt in a scooter accident caused by a pothole, you may have legal options for recovering compensation for your injuries. What these options are, how to take advantage of them, and the amount of compensation you can get depends on the unique facts and circumstances of your case. Take the first step in getting the compensation you deserve by contacting Maison Law today. You don’t pay us anything until we recover money for you, so there’s no reason not to arrange a free, no-obligation consultation.
Common Types of Scooter Injuries
One of the reasons riding a scooter can be so enjoyable is the rider’s direct exposure to the elements and ability to experience “the open road.” But the lack of protection compared to a conventional vehicle, combined with the high speeds a modern electric scooter can reach, make scooters more dangerous than ever.
The relative light weight and small wheel diameter make running a scooter into a pothole potentially devastating for the rider, resulting in injuries that often require hospitalization. Some of the more common injuries from scooter accidents are:
- Traumatic brain injuries (TBI)
- Shoulder injuries
- Nose fractures
- Cheek fractures
- Jaw fractures and broken teeth
- Lacerations
- Broken ribs
- Broken wrist
- Injuries to internal organs
- Broken collarbone
- Knee injuries
- Neck and spine damage
Reporting Potholes to Authorities in Tulare
The best way to avoid a pothole scooter accident is to report any potholes you see while out and about in Tulare. The more people who report potholes, the sooner they can get filled in and repaired. Thankfully, the City of Tulare’s Public Street Works Department has several ways to bring a pothole to their attention.
First, you can call them directly at 559-684-4320. Second, you can go to their Submit Your Citizen Request webpage and report the pothole by providing details about the pothole, such as its location and when you first noticed it.
Ideally, the City of Tulare repairs the pothole before anyone gets hurt, but this doesn’t always happen. If it doesn’t, there’s often someone to blame, which can make it possible to recover compensation for scooter injuries caused by potholes.
Who’s Responsible For Scooter Accidents Caused By Potholes?
Scooter accidents caused by potholes have several parties that could be potentially responsible. The exact number of parties and their percentage of fault will depend on the specific facts of your case, but may include one or more of the following:
- City of Tulare
- County of Tulare
- State of California
- Road construction companies
- Companies contracted to repair or maintain roads
- Private property owners (if the pothole is located on private property, like a parking lot)
- Another person on the road, such as a driver, jogger, motorcyclist, or bike rider.
Should I Meet With a Lawyer To Discuss My Scooter Pothole Accident?
If you’re reading this right now, you’ve probably been injured in a scooter accident. But you might not know if you can receive compensation for your injuries. You might also wonder whether you need to hire an attorney to help you. Not all scooter accidents require you to hire a lawyer, but doing so can provide the below benefits:
- Reassure you that you’re not missing an important deadline or legal requirement to recover compensation.
- Reduce the stress you experience concerning the accident.
- Provide greater convenience because someone else is handling your claim and negotiations with insurance companies or opposing counsel.
- Offer additional protection in situations where you might be partially at fault for the accident.
- Explain the recovery process and what you’re entitled (or not entitled) to receive and why.
- Help you decide which option or strategy to use and provide a cost-benefit analysis to help you make the right decision.
- Make arrangements with expert witnesses who can provide details as to the extent of your damages, lost income, and repair costs (if applicable).
- Determine whether the at-fault party (or their insurance company) is making a reasonable or low-ball offer.
- Identify and gather evidence to support your case.
- Take your case to trial, if necessary.
Information To Gather Before Meeting With a Lawyer
You don’t need to make the decision as to whether to hire a lawyer or not by yourself. Instead, you can actually talk to a lawyer about your case then make a decision after this consultation.
Most personal injury lawyers, including those at Maison Law, offer these consultations for free. But you need to be prepared to make the most of these case evaluations. Therefore, before meeting your prospective lawyer, you want to have the following information available:
- Employment information. This is especially critical if you believe your injuries led to lost time at work and you’re seeking lost wages as part of your compensation claim.
- Details about the accident. When it happened, how it happened, where it happened, who was with you during the accident, if anyone else was involved, etc. will be among the most important information to provide. The more details you have, the better.
- Timeline of events after the accident. This will be information to help prove the severity of your injuries and, if applicable, help you establish a bad faith insurance claim.
- Names and contact information of any witnesses. Their testimony could be critical if disputes arise about liability or the extent of your damages.
- Copies of important documents. This can include things like accident reports, medical records, paystubs, and workers’ compensation forms.
- Prior legal history. If you’ve been in court before, bring it up with your lawyer. These past cases could prove relevant in limited instances.
- Prior medical history. A common defense is to argue that the injured scooter rider just aggravated a preexisting medical problem, and therefore, they’re entitled to less compensation. Knowing of any preexisting medical issues can help your attorney prepare for these arguments.
- Social media usage. If your accident was documented online, your lawyer should know about it. This includes statements you already made online and the existence of additional evidence, like cellphone footage.
Compensation a Scooter Accident Lawyer Can Help Recover
If you decide to hire an attorney, they can help increase the money you can recover, as well as how quickly you receive it. If you end up going to trial or getting into serious negotiations with an insurance company, you can expect money to compensate you for:
- Non-economic damages: These are subjective damages that are harder to quantify and often compensate you for things like psychological harm, such as pain and suffering, loss of consortium, and emotional distress.
- Economic damages: These are financial damages you suffer as a direct result of the accident. They compensate you for things like out-of-pocket medical expenses, lost income, lost future income, and property repairs (if applicable).
- Punitive damages: These are damages designed to punish the at-fault party. These are relatively rare because courts only award punitive damages if the defendant acted in a reprehensible or egregious manner. By awarding punitive damages, the court wants to put the general public on notice that such behavior is unacceptable in society.
Comparative Negligence and Partial Fault
Like many other things in life, liability in accidents isn’t always black and white or clear cut. In some scenarios, you might be deemed to be partially responsible for causing the accident or your injuries. In these situations, you can still recover compensation, but it’s reduced by your level of fault. This is an example of pure comparative negligence, which California uses in personal injury cases. So even if you’re 90% at fault, you can still recover 10% of what you would have been able to recover if you were 0% at fault.
Deadline To Recover After a Scooter Accident
Legal recovery for scooter accident injuries is subject to California’s applicable statute of limitations. Generally speaking, you have two years from the date of your scooter accident to file a lawsuit against the responsible parties. However, there are other factors that can sometimes extend or shorten this deadline.
One such exception is the discovery rule. In this situation, the two-year “clock” begins not when the accident occurred, but when you discover (or reasonably should have discovered) your injury from the accident.
Don’t Wait To Talk to a Tulare Scooter Accident Attorney
Considering how hard many insurance companies and at-fault parties fight legitimate claims, as well as the time limits in place for taking legal action, you need to act quickly to recover compensation. The problem is that it’s not always clear what sort of legal action you need to take and if so, how to go about doing it.
That’s where the scooter accident personal injury lawyers from Maison Law come in. We have spent years dealing with insurance companies and at-fault parties. As a result, we know how they think and the best ways to fight through their attempts to low-ball, stall, and deny responsibility.
For a free, no-obligation case evaluation, contact Maison Law today. The sooner you reach out, the sooner we can get you fair and reasonable compensation and avoid any statute of limitation deadlines. You also don’t pay us anything unless we recover something for you.